Alimony

Unlike child support, there is no formula to work from when determining alimony. You can find the NJ statutory criteria here. Some of the factors would include the length of the marriage, income of each of the spouses, lifestyle and other needs. Not every divorce will have alimony involved. There has to be a need for support and it has to be requested.

And, if spousal support is provided, it might not be paid forever. There are a few kinds of support:

Open durational or long-term alimony

For a marriage of longer duration or where one spouse is especially financially dependent on the other

Usually terminates when the either spouse dies, the paying spouse reaches retirement age, or the receiving spouse remarries or cohabitates

Can be modified for changed circumstances of the spouses

Term or limited duration alimony

Alimony paid for a specific amount of time, generally “the length of time it would reasonably take for the recipient to improve his or her earning capacity to a level where limited duration alimony is no longer appropriate.”

Usually for a short-to-mid-term marriage

Can be modified for changed circumstances — the amount, but not the duration

Usually terminates when the either spouse dies or the receiving spouse remarries or cohabitates

Rehabilitative alimony

Intended so the receiving spouse can attend college or get training to gain a new skill in order to become financially independent

The receiving spouse must put forth a plan to achieve rehabilitation, which must include:

The steps taken to achieve rehabilitation

The time frame which shall include a period of employment during which the rehabilitation occurs

Can co-exist with open durational alimony and open durational alimony can be requested after the rehabilitative period

Can be modified for changed circumstances of the spouses

Continues until the receiving spouse is rehabilitated

Generally does not terminate upon remarriage, but does terminate upon the death of either spouse

Reimbursement alimony

Valid when:

One party supported the other through an advanced education in anticipation of enjoying in the enhanced earning capacity generated by that education

Or to compensate a supporting spouse who has suffered a loss or reduction of support, or has incurred a lower standard of living in the future

Based on the amount of money spent by the supporting spouse at the time, and not on the enhanced future earning capacity of the other spouse

Generally does not terminate upon remarriage, but does terminate upon the death of either spouse

Mediation allows the spouses to agree on the form of support that best fits your situation. Post-divorce budgets are helpful in determining how each party can live on what they earn or receive. The danger in litigating a divorce is that a judge will arbitrarily set the amount of alimony. If you asked 10 different experts, you would most likely get 10 different answers since every judge and lawyer (or human being) come with built-in biases and perceptions.

Mediation Quick Facts:

A mediated divorce often costs less than 1/3rd of a litigated divorce

Mediation can finalize a divorce in much less time than litigation -- months versus years

You lose none of your rights by mediating

Mediation is confidential

Make decisions about your future for yourself

Parties are more satisfied with terms they agree to in mediation than terms imposed by a court

Agreements obtained through mediation are far less likely to end up back in court

Mediation is a forward-looking process (where do you go from here)

Mediation can be used to resolve many types of disputes, including the dissolutions of gay and lesbian (same-sex) relationships, civil unions, domestic partnerships and commercial and community disputes